BETSY BARBOUR DINES See Page 4 C, C Seventy-Two Years of Editorial Freedom 4Iait& BULLETIN BUENOS AIRES (P) - Em- battled President Jose Maria Guido, accused by the navy of failing to halt bloodshed in Argentina's military power struggle offered his resignation VOL. LXXIII, No. 7ANN ARBOR, MICHIGAN, SATURDAY, SEPTEMBER 22, 1962 SEVEN CENTS SIX PAGES U.S. District Judge Acquits Mississippi Offic als 4'T I s S I u --I Mize Rules Trustees Solely" Responsible .. Justice Department Pledges Retrial For All Three Men in Circuit Court MERIDAN, Miss. (M)-United States Dist. Judge Sidney Mize yesterday cleared three University of Mississippi officials of contempt charges in the James H. Meredith desegregation case. The judge held that "all powers were vested solely and con- clusively in the board of trustees and not officials of the University.' The faces of the three defendants-Chancellor John D. Williams, Liberal Arts Dean Arthur B. Lewis, and Registrar Robert B. Ellis- An Editorial... PROF. PAUL G. KAUPER legal problems Kauper Cites Legal Device By PHILIP SUTIN The Justice department and the federal courts are taking the easier method in dealing with the University of Mississippi's refusal to enroll its first Negro, James Meredith, Prof. Paul G. Kauper of the Law School said yesterday. He noted the possible adverse reaction of the local populace if Mississippi Gov. Ross Barnett were cited for contempt of court. "A federal court would face a serious question if it tried to find. the governor in contempt of court and subject him to the usual sanctions of imprisonment, fine or both," Prof. Kauper said. In This Respect "In this respect, it is easier to deal with regular university au- thorities who clearly are subject to the disciplinary power of the federal court." The courts will consider, he said, whether the University of Missis- sippi had legally delegated its authority to the governor. Usual- ly, the federal courts would follow state law, but in the absence of an interpretation by the Mississippi State Supreme Court, the federal courts can reach their own conclu- sion. Is Unlawful "It might decide that the at- tempted delegation is unlawful and, therefore, the regular author- ities are still accountable to carry out federal court orders to admit Meredith as a student," he added. Prof. Kauper also noted that "it was unusual for the federal courts to interfere with the administra- tion of state criminal justice," when the federal circuit court barred the state from arresting Meredith for his conviction for a misdemeanor perjury offense. "I suppose the justification here is that the court viewed the con- viction as a contrived ruse to ob- struct Meredith's admission to the University of Mississippi," he said. To Block Integration Calling Barnett's use of the in- terposition doctrine to block Uni- versity of Mississippi integration "a convenient pretext to avoid court decision," Prof. Kauper said broke into wide smiles when the judge ruled at the end of a three- hour hearing. Show of Emotion The crowd of about 300 in the court room, warned in advance by the judge to leave if they felt they couldn't restrain any show of emotion, took the decision quietly. The 13 members of the state college board-named by the judge as the ones with the real power in the matter-are scheduled for a hearing themselves on contempt charges in the 5th U. S. Circuit Court of Appeals at New Orleans Monday. The justice department moved against both groups-the three school officials and the trustees --inthe wake of Gov. Ross Bar- nett's refusal to register the 29- year-old Negro Thursday. It Will Ask In Washington, the justice de- partment said it will ask the cir- cuit court to include the three university officials "along with the university trustees in the order to show cause why they should not be held in contempt for refusing to register Mr. Meredith." The department said it will not appeal the district court ruling because "essentially the same question" will be before the New Orleans court. The department added: By The Courts "We are taking this action be- cause the university officials were charged by the court to admit Mr. Meredith and have failed to do so. It is our conviction that they cannot evade the court's orders by seeking to turn over this respon- sibility to the governor or anyone else. The courts have ordered the university to accept Mr. Meredith. It is our responsibility together with the courts to see that these orders are obeyed, no matter what course ultimately is necessary." Barnett, clothed in the authority of the state college board and Act- ing as registrar, handled the mat- ter personally in a dramatic meet- ing with Meredith on the campus. In turning away Meredith, hie defied the orders of three federal courts-ranging all the way up to the U. S. Supreme Court-that Meredith must be admitted and 114 years of segregation at the institution must fall. Despite the fact that the 64- year-old governor took it upon himself to reject Meredith's appli- cation, the justice department ignored him in aiming its legal counter-punches. CONCERNED PEOPLE have awaited the changes in the University's policy toward outside speakers with hope that this institu- tion would establish a truly free forum for in- quiry and expression. The Regents, however, perpetuated the mas- querade yesterday with their newly announced policy on Bylaw 8.11. The policy, destined to become a formal by- law next month, formally eliminates the ana- chronistic and ludicrous prohibition against speeches which "advocate or justify conduct which violates the fundamental of our accept- ed code of morals." This proscription has been under attack for several years by all segments of the campus. The Regents claim that the new policy elim- inates prior censorship entirely-certainly a commendable step forward. Under the propos- al, however, the Vice-President for Student Af- fairs has the power "to certify that all appro- priate steps have been taken before the event is officially scheduled." This could give him the power to deny use of facilities on any ex- pedient ground. This is certainly an exercise of prior censorship. Moreover, student organizations will be sub- ject to discipline if their invited speakers urge an action which is then interpreted as a viola- tion of legal statutes or ill-defined University regulations. What criteria would be used to de- termine what constitutes an action against state or federal law and who would make the deci- sion? The University certainly is not qualified to perform the functions of the judiciary. PRIOR CENSORSHIP is already included in the proposed bylaw. The range of speech topics would be more restricted than under the present bylaw where speakers could not advo- cate the subversion of the state by violence or unlawful means. Under the new policy, they' could not advocate or urge any action which is illegal under federal or state law or which is prohibited by any University regulation. The policy, avowedly adopted to enlarge the scope of expression, actually imposes a stricter perim- eter. For example, the policy makes it impossible for a speaker to reach a positive answer to the question of whether or not someone else should advocate destruction or modification of our government by violence or illegal means. It prevents a speaker from advocating a con- stitutional test case involving violation of a state or federal law. And finally, a Panhellenic national officer cannot come to campus and en. courage the sorority presidents not to comply with the Student Government Council regula- tion requiring submission of adequate member. ship statements. The new bylaw thus would ban legitimate discussion by non University personnel of the desirability of protesting any University regula- tions by a nonviolent resistance. THE POLICY also draws an unjustifiable line between the rights of students and faculty and those not formally connected with the University. The bylaw would not prohibit any student or professor from advocating illegal acts in a speech before a recognized student organization. It would stop a professor from an. other institution, an alumnus or anyone else, from speaking. University President Harlan Hatcher em- phasized to the Regents that "the real purpose of the University is to foster positively free discussion and free inquiry." We agree. How- ever, the proposed bylaw is a rejection of these very words. A free forum is simply that. Within the de- mands of calendaring to avoid room conflicts, there should be no restrictions on speakers or on topics of speeches. No public institution in the nation should adopt any speaker limitation more restrictive than the Constitution's First Amendment guarantee of freedom of speech. Universities-charged with the particular task of probing and examining all ideas of concern to man-have a special obligation to guarantee the widest latitude of expression. The administration's policy on outside speak- ers is but another example of the hypocrisy which has marked the University's approach to major issues in the last few years. A fine state- ment of progressive principles should not be used as a preface to an essentially regressive policy. A philosophy has no meaning if it is ignored when specific action is taken. YESTERDAY'S ACTION displays either duplicity or the lack of understanding of the functions and concepts of a university. -THE SENIOR EDITORS BURTON D. THUMA I ... acting LSA dean i3 Board Sets fLSA Deani 'Acting Post The Regents yesterday approved a one-year appointment for Bur- ton D. Thuma as acting literary college dean, effective this month. Vice-President for Academic Af- fairs Roger Heyns explained that it was necessary to shift Thuma from his position as associate dean of the literary college to the acting deanship because Heyns - who until yesterday officially was both Vice-President for Academic Af- fairs and head of the literary col- lege administration - found man- agement of both jobs quite diffi- cult. Both Jobs Heyns was promoted from dean to Vice-President last February, and since then had been trying to carry out both jobs. Since March, the literary col- lege Deanship Committee has been working on finding a man who they feel is capable of being the new dean. The number of theoret- ically eligible candidates has thus far made it impossible for them to make a selection. I "The Deanship Committee is hard at work . . . it is clear, how- ever, that the committee will not be ready with recommendations for some time . . . this (new) arrange- ment has advantages over the present administrative procedure," Heyns explained in a letter to the Regents. Thuma had served as acting dean 11 years ago. Carrv Out Polities Board Constructs Lberal.'Ruling entative Action Would Eliminate Censorship Provision of Bylaw 8.11 By DENISE WACKER The Regents yesterday adopted a policy on non-University speak- ers with the stated intention of liberalizing standing regulations "to foster a spirit of free inquiry of a wide variety of issues." The new speaker policy eliminates pre-censorship of off-campus speakers' addresses, provides that no speeches may be given which advocate action contrary to law, and establishes a committee to enforce this policy and carry on a "public education program." It will not go into effect until final Regents action is taken next month, pending a committee discussion of outside speaker restrictions, at the Michigan Co- ordinating Council for Public Higher Education, which will be held in Ann Arbor next week. Policy Passed Establishing At the October Regents meet- ing, the policy passed yesterday may be approved as is, or modified and .approved, or rejected. If ac-I ev e te cepted, the regulations will replace by-law 8.11. This by-law for years has been By RONALD WILTON a campus issue, for it supports The Regents approved a motion pre-censorship of speeches by off- at their meeting yesterday recom- campus lecturers, and prohibits mending the establishment of a addresses which "urge the destruc-e terd fog t eeabci ohmen ing tion or modification of our form center for research on learn n of government by violence . . . and teaching under the Office of or whichnadvocate or justify con- the Vice-President for Academic duct which violates the funda- Affairs. mentals of our accepted code of The idea for the center stems morals." ddn from a committee created by Uni- Vice-President for Student Af-i versity Vice-President Marvin L. fairs James A. Lewis noted thatIversit ePrlsfd9ntostudy under the proposed by-lawn Niehuss in the fall of 1961 to study uners hprpwosed uy-la.,no"Programmed Learning and Re- pre-censorship will occur. lated Activities." It was chaired T Timely Discussion by Prof. Edward L. Walker of the The policy statement encourages psychology department. "timely discussion," but points out Commtteeared that necessary restrictions must be placed on certain topics. In its report, submitted in Jan- It goes on to say that recognized uary 1962, the committee urged student organizations are encour- that the University create a Center aged to invite speakers to lecture on University Teaching with the here, subject to certain provisions: aims of "providing maximum, as- "The speaker must not advocate sistance to the faculty . . . in the or urge the audience to take ac- task of providing effective instruc- tion which is prohibited by the tion of the highest quality." rules of the University or which The committee considered it im- is illegal under federal or state portant that the encouragement law. Advocacy of the subversion of of educational ,excellence be the the government of the United basis for the center's creation. States or of the State of Michi- They did not make a detailed gan, or the urging of the modifi- statement of specific functions, cation of our form of government saying instead that the center by violence are specifically in- would evolve into "an institution cluded in the above restriction." with a rather broad and flexible - 7-Man Board range of activities." To insure that this policy be As a Minimum upheld, the Regents acted to es- However the committee did in- tablish the Public Discussion Com- Hosevhrtthe conteehdidsin mittee-a seven-man board com- sist that the center should, as a posed of three student and three minimum be concerned with pro- faculty members including the grammed instruction and should Vice-President for Academic At- I assume the functions which the fairs, who will chair the body. The Senate Advisory Committee on ARGENTINE CRISIS: BUENOS AIRES A') -Argen- tina's navy stepped into the struggle between army factions and proposed early today that President Jose Maria Guido be ousted in favor of a three-man military junta. The navy, taking the side of the so-called loyalist army forces, was reported pushing for immediate acceptance of a junta made up of navy Rear Adm. Carlos Sanchez Sanudo; army Lt. Gen: Arturo Ossorio Arana; and air force Com- modore Oscar Lentino. - The navy has also called for an urgent meeting of leaders of both sides in the revolt. Sources said that a meeting of factional leaders was called to consider the navy proposal. Among. those reportedly invited were Gen. Juan Carlos Ongania, head of the army rebels whose revolt was sparked by fear of military rule; Gen. Juan C Lorio and Gen. Bernardino bayru, ousted by Guido yest from top army command posi Col. Sanchez de Bustamante Brigadier Cayo Alsina of ti force. The development came a gentina, its military forces down the middle, teetered o brink of civil war. try vl ulue ~arls 1Thuma noted that he would "be Ca the agent of the literary college o La- executive committee, carrying out NEW MUSIC SCHOOL: Release Progress Report o 'U'1Co1ns] terdayits policies, since the committee Vice-President for Student Affairs University Afairs suggested in tions; would actually serve as dean. Were will act as PDC secretary. their report "A Center for Univer- it not for this group, the duties I One of the committee's func- sity Teaching. a will have as acting dean would be tions will be to determine what the The Regents also voted to in- he air much harder." major proolems of the day are, clude the University in the Michi- He added that he doubted that and endeavor to have speakers gan Higher Education Assistance s Ar- the Deanship Committee will be invited to the University who can Authority plan and voted to ap- split able to find anyone who will be present various sides of a given propriate $50 thousand for it. n the able to take on the position of dean issue. The Authority has a plan where before Sept., 1963. A second job for the committee individual schools deposit funds would be the establishment of a with the Authority and it in turn program of public education de- deposits these funds with the signed to "create a general under- Treasurer of the state. The funds standing of the University's rle are then held as a guarantee fund as a forum." In doing this, the to protect loans to college students I committee would be expected to made by participating banks and ru tio prepare a statement describing guaranteed by the Authority. the University's speaker policy and Bank to the Student progress report on construction of variouspr Any organization which sponsors The Authority guarantees 80 per r meeting yesterday. a speaker is held responsible for cent of the principal and interest tich construction has been started since securing a lecture hall or other 'kof the loan made by the bank to w music school building and a boiler for space for him.. the student. The program is only work contractor has started work on This form must be certified by good for Michigan residents. The and he uildng ontrcto isone of the group's officers and its funds for the University contribu- and the building contractor is preparing noftegu'sfieran s tion comes from the Della M. iilding. ~~~~~faculty sponsor. The Vice-Presi- to oe rm teDlaM wilding.dcuy ptdtAfar 1 v Noble estate. yid ad aprjec bdge o $15 i dent for Student Affairs will haveNblesa. ds and a project budget of $1.5 million the responsibility to certify that University President Harlan H. .st 9 and authorized the awarding of a "all apropriate steps" have been Hatcher also announced that the she low bidder. The boiler manufacturer taken before the event is officially Regents had received an invitation he boiler and specifications for bids for calendared. from Ann Arbor Mayor Cecil 0. ogram are being prepared. Student organizations violating Creal to hold a meeting with the and Astronomy Building is proceeding the provision of the proposed rul- City Council on University land -,,,,- ,,_;+i byn"A lafi ing are subject to the procedures policy and building expansion. The The Regents releasea a p University facilities at their The two projects on wh the last meeting are the new the heating plant. The site the site of the music schools to start construction of the bu The Regents received bi for the new boiler on Augu contract for the boiler to t is starting fabrication of th the second phase of the pr Progress on the Physics _ _ .: . .:::,.